FIRST AMENDMENT TO THE BYLAWS OF BRYN MAR HOMEOWNERS’ ASSOCIATION, INC.
(A TEXAS NON-PROFIT CORPORATION) WHEREAS Bryn Mar Homeowners’ Association, Inc. executed its Bylaws of Bryn Mar Homeowners’ Association, Inc. on July 1, 1998 in accordance with the Declaration of Covenants, Conditions, and Restrictions for Bryn Mar Estates, executed on the same date and filed in the public records of Denton County, Texas; WHEREAS this First Amendment to the Bylaws of Bryn Mar Homeowners’ Association, Inc. (“Amendment”) shall be filed contemporaneously with the Bylaws of Bryn Mar Homeowners’ Association, Inc. (“Bylaws”) in the public records of Denton County, Texas; WHEREAS Bryn Mar Homeowners’ Association, Inc. (“Bryn Mar”) desires to and hereby does amend its bylaws as follows: THE FOLLOWING SECTIONS ARE AMENDED: §3.5. This section is deleted in its entirety and the following is substituted: Votes may be cast in person, by proxy, or by absentee ballot in accordance with Texas Property Code §209.00592. Proxies must be filed before the appointed time of each meeting. Absentee ballots must be received before the appointed time of each meeting. No secret ballots are to be counted; all ballots must be signed by the homeowner, unless the ballot is electronic.
§4.2. This section is deleted in its entirety and the following is substituted: Regular meetings shall be held at monthly and quarterly times, and in no event less than annually, as set by the Board of Directors in accordance with the terms of the Declaration. If the Board of Directors fails to call an annual meeting, any member may demand a meeting be held in accordance with Texas Property Code §209.014(b). If the Board, after proper demand, still does not call a regular meeting of the members, any group of three or more
ber may demand a meeting be held in accordance with Texas Property Code §209.014(b). If the Board, after proper demand, still does not call a regular meeting of the members, any group of three or more owners may form an election committee to call a meeting of the members for the sole purpose of electing directors, pursuant to Texas Property Code §209.014(c)-(h).
§5.6. This section is amended to include the following, but otherwise remains intact: However, if the Board is presented with written documented evidence that a board member was convicted of a felony or a crime involving moral turpitude, either of which having occurred in the 20 years prior to the evidence being presented to the Board, the member is automatically removed from the Board and is prohibited from future service on the Board in accordance with Texas Property Code §209.0051 (b).
| §5.8 and §5.9. This section is amended to include the following, but otherwise remains intact.
Notice of the date, hour, place and general subject of meetings of the Board of Directors shall be given to members: (1) no later than 10 days before the meeting; or (2) at least 72 hours before the meeting, notice is posted in a conspicuous manner reasonably designed to provide notice to members, or posted on association property, or posted via any internet website, or other media maintained by the association, or other modern forms of communications.
§10.1 The following language is struck from this section: “only if he is current in the assessments made or levied against him and the portion of the Property owned by him.”
The Label “ARTICLE VII DEFINITION OF TERMS” shall be amended to “ARTICLE XVII DEFINITION OF TERMS.”
THE FOLLOWING SECTIONS ARE ADDED:
levied against him and the portion of the Property owned by him.”
The Label “ARTICLE VII DEFINITION OF TERMS” shall be amended to “ARTICLE XVII DEFINITION OF TERMS.”
THE FOLLOWING SECTIONS ARE ADDED: §5.13. All regular and special meetings of the Board of Directors shall be open to all members subject to the limited right of the board to enter into executive session as delineated in §209.0051(c) of the Texas Property Code.
A new article shall be added, labeled “ARTICLE XVIII MISCELLANEOUS.”
§18.01. Bryn Mar’s records will be open for inspection or copying to homeowners after receiving a written request by certified mail Tequesting either the opportunity to inspect the records or to have the records copied and forwarded to the homeowner. If the homeowner elects to inspect the records, Bryn Mar will, within 10 days following receipt of the request, inform the homeowner of the times, during regular business hours, when the homeowner can inspect the records. If the homeowner request copies of records, Bryn Mar will, within 10 days of receiving the request, copy and forward to the homeowner the requested records. Bryan Mar will produce the records under the following fee structure, and may request estimated payment in advance.
a. Standard Paper Copy. $0.20 per page. Each side that has printed information is considered a page.
Flash Drive: $25.00/drive Other electronic media: actual cost Oversize copy paper: $0.50 per page.
Specialty paper: actual cost Labor Charges a. Programmer: actual cost b. To compile information: $25.00/hour Overhead charge: 20% of any labor costs.
Miscellaneous supplies: actual costs of supplies, such as labels, boxes, stamps, envelopes, shipping, etc.
i. Credit Card transaction fee: actual cost moa s pga
verhead charge: 20% of any labor costs.
Miscellaneous supplies: actual costs of supplies, such as labels, boxes, stamps, envelopes, shipping, etc.
i. Credit Card transaction fee: actual cost moa s pga §19.02. Bryan Mar shall retain the following records for the stated amounts of time: a.
2 { Certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently.
Financial books and records shall be retained for seven years; Account records of current owners shall be retained for five years; Contracts with a term of one year or more shall be retained for four years after the expiration of the contract term; Minutes of the meetings of the owners and the boars shall be retained for seven years.
Tax returns and audits shall be retained for seven years.
§18.03. The governing documents of Bryn Mar Homeowners’ Association, Inc. shall be made available on any website maintained by the association or on any website maintained by the Association’s manager on behalf of the Association.
EXECUTED THIS<3 payor ZZ eal: , 2020 THE STATE OF TEXAS COUNTY OF DENTON BRYN MAR HOMEOWNERS’ ASSOCIATION, INC.
By: RICK WATSON, PRESIDENT BRYN MAR HOMEOWNERS’ ASSOCIATION, INC.
§ § § BEFORE ME, the undersigned authority, on this day personally appeared Rick Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the Capacity stated.
Given under my he ty PO JULIA L WATSON Ly, -\ Notary ID #128444708 e 2} My Commission Expires EGS November 12, 2022